COMPLAINT-CJ-PEARSON-V.-KEMP-11.25.2020

COUNT III
FOURTEENTH AMENDMENT EQUAL PROTECTION CLAUSE U.S.
CONST. AMEND. XIV, 42 U.S.C. § 1983
DENIAL OF DUE PROCESS
DISPARATE TREATMENT OF ABSENTEE/MAIL-IN VOTERS AMONG
DIFFERENT COUNTIES
168.
Plaintiffs incorporate each of the prior allegations in this Complaint.
Voting is a fundamental right protected by the Fourteenth Amendment
to the United States Constitution. The Fourteenth Amendment protects the
right to vote from conduct by state officials which seriously undermines the
fundamental fairness of the electoral process. Marks v. Stinson, 19 F.3d 873,
889 (3d Cir. 1994); Griffin, 570 F.2d at 1077-78. “[H]aving once granted the
right to vote on equal terms, the State may not, by later arbitrary and
disparate treatment, value one person’s vote over that of another.” Bush, 531
U.S. at 104-05.
169.
Defendants are not part of the General Assembly and cannot exercise
legislative power. Rather, Defendants’ power is limited to executing the laws
as passed by the legislature Although the Georgia General Assembly may
enact laws governing the conduct of elections, “no legislative enactment may
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